CSIR - INDIAN INSTITUTE OF

INTEGRATIVE MEDICINE (IIIM)

(COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH)

CANAL ROAD, JAMMU TAWI

eTENDER FOR

THE WORK OF

Repair and Renovation of Staff Quarters Type-II 45 Nos. (B-

1 toB-21, B-22 to B-29 and B-40 to B-55) and Type- VI 03
Nos. (EVI-1 to EVI-3) and Director Bungalow at CSIR-IIIM,
Jammu. (Civil & Electrical work)

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 CONTENTS

S.No.
I NOTICE INVITING TENDER
II ARTICLES OF AGREEMENT
III GENERAL CONDITIONS OF CONTRACT
CLAUSE:1. INTERPRETATION
2. DRAWINGS &SPECIFICATIONS
3. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY
4. AUTHORITIES, NOTICES & PATENTS
5. RATES TO INCLUDE ALL TAXES
6. MATERIALS
7. TESTING OF MATERIALS
8.CONTRACTOR’S ENGINEER/FOREMAN & WORKMAN
9. ACCESS
10. VARIATION & PRICE FOR VARIATION
11. FAULTY MATERIALS & WORK
12. WORKS TO BE OPEN FOR INSPECTION
13. ASSIGNMENT OR SUB-LETING
14. INDEMNIFYING AGAINST DAMAGES TO PERSONS,
PROPERTY & STATUES
15. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS
16. WITHHOLDING & LIEN IN RESPECT OF SUMS CLAIMED
17. INCASE OF DEATH OF CONTRACTOR
18. SUB-CONTRACTORS
19. COMPLIANCE TO LABOUR LAWS & APRENTICE ACT
20.COMPENSATION FOR DELAY
21. DAMAGES TO WORKS IN CONSEQUENCE OF HOSTILITIES
OR WAR LIKE OPERATION
22. EXTENSION OF TIME
23. SUSPENSION OF WORK LIKE OPERATION
24. SECURED ADVANCE
25. CERTIFICATES & PAYMENTS
26. SECURITY DEPOSIT
27.COMPLETION CERTIFICATE
28.ESCALATION
29. ARBITRATION
IV SPECIAL CONDITIONS
V ADDITONAL CONDITIONS
VI INDENTAURE FOR SECURED ADVANCE
VII PERFORMANCE GUARANTEE

VIII AMENDEMENTS CONDITION OF CONTRACT FOR WORKS

IX ANNEXURE ‘A’ A9MODIFIED PROVISION IN SERVICE TAX)
X Proforma for Earnest Money Deposit Declaration

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 COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
*****NOTICE INVITING e-TENDER*****

Online item-rate e-tender are hereby invited through e-tendering portal

http://etender.gov.in/eprocure/app for the work of “Repair and Renovation of Staff
Quarters Type-II 45 Nos. (B-1 to B-21, B-22 to B-29 and B-40 to B-55) and Type-
VI 03 Nos. (EVI-1 to EVI-3) and Director Bungalow at CSIR-IIIM, Jammu.”
(Civil & Electrical works) from contractors of appropriate class of CPWD, State
PWD, Railway, MES, Post, Govt. & Semi Government Organizations &
Telegraph Department and/or from those who have worked for CSIR-IIIM or its
Laboratories/Institutes and have successfully carried out minimum three similar civil
& electrical completed works, each costing not less than the amount equal to 40% of
estimated cost put to tender, or Two civil & electrical completed works, each costing
not less than the amount equal to 60% of the estimated cost put to tender or One civil &
electrical completed work of aggregate cost not less than the amount equal to 80% of
the estimated cost or above in single contract of the estimated cost of work during the
last seven years, ending on the last day on the month previous to the one in which
tender is being invited. The contractor/firm shall have valid electrical enlistment
order, electrical license and enlistment order of appropriate category/class and
same will be uploaded by the contractor/ firm in their bid. The contractors may
apply with proof of fulfilling the above conditions along with self attested copies of
PAN CARD, GST registration number, satisfactory work completion certificates.

1. The estimated cost of Rs.2,38,60,080.00 (Rupees Two Crore Thirty Eight Lakhs
Sixty Thousand and Eighty only) is largely based on CPWD DSR-2023, market
rates including GST and Labour cess. (The latest CPWD specifications shall be
followed.).

2. Time for carrying out the work is 330 Days and the date of commencement shall be
reckoned from the tenth day of issue of award letter/intimation letter for the work.

3. The tendering process is online at NIC CPPP e-portal URL address

http://etenders.gov.in/eprocure/app. For information, window NIT is also available
in IIIM website (http://www.iiim.res.in). Interested and eligible contractors may
download and go through the tender document.

CRITICAL DATE SHEET

Publishing Date
Bid Document Download / Sale Start
Date
Bid Submission Start
Bid Submission End Date
Last date and time of submission of
original Demand
Draft/Online/Banker’s Cheque
against EMD and Tender Fee.
Bid Opening Date (e-Cover-1)
Bid Opening Date (e-Cover-2) To be intimated later on through CPPP
Portal after the Technical Evaluation.

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4. The e-tender shall not be issued physically. The tendering process is online at NIC
CPPP e-portal URL address http://etender.gov.in/eprocure/app. For information,
window NIT is also available IIIM website (www.iiim.res.in). Interested and eligible
contractors may download and go through the tender document.

5. Scanned copy of Tender Fee (non-refundable) of Rs.1180/- (Inclusive GST)

(Rupees Eleven hundred Eighty only) deposited through DD/RTGS/NEFT in the
favour of The Director, CSIR-IIIM, Jammu in the IIIM Bank Account No.
30186230982 at SBI, Hari Market, Jammu shall be uploaded in cover-I of the
tender. Tenders received without earnest money deposit will not be considered.

6. Scanned copy of Earnest Money 2% of Estimated Cost of Work deposited

through DD/RTGS/NEFT in the favour of The Director, Indian Institute of
Integrative Medicine, Jammu in the IIIM Bank Account No. 30186230982 at
SBI, Hari Market, Jammu shall be uploaded in cover-I of the tender. Tenders
received without earnest money deposit will not be considered.

The details of Demand Draft physically sent, should tally with the details available in
the scanned copy and data entered during bid submission time, failing which the
tender shall be rejected.

7. The tenderer is to indicate the name & telephone numbers of issuing agency of the
completion certificates to enable the verification of the documents, if necessary. It
may be noted that even after opening of price bid, the credential submitted found to
be false/forged the offer submitted shall be rejected out rightly. No further
clarification will be sought from the tenderers.

8. The Employer does not bind himself to accept the lowest or any tender and reserves
to himself the right of accepting the whole or any part of the tender and the tenderer
shall be bound to perform the same at the rates quoted.

9. Canvassing in connection with the tenders is prohibited and the tenders submitted by
the contractor who resort to canvassing are liable for rejection.

10. The tenderer shall not be permitted to tender for works in the concerned unit of CSIR
in which a relative is posted in the grade between Controller of Administration and
Junior Engineer, (both inclusive). He shall also intimate the names of persons who
are working with him in any capacity or subsequently employed by him and who
relatives are as mentioned above.

NOTE: A person shall be deemed to be a relative of another if, and only if, (a) they
are members of a Hindu undivided family; or (b) they are husband and wife; or (c)
the one is related to the other in the following manner; Father, Mother (including step
mother), Son (including step son), Son's wife, Daughter (including step daughter),
Father’s father, Son’s son, Son's sons wife, Son's daughter, Son's daughters
husband, Daughter's husband, Daughter's Son, Daughter's son's wife, Daughter's
daughter, Daughter’s daughter's husband, Brother (including step brother). Brother's
wife, Sister (including step sister), Sister's husband.

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11. Tender submitted shall remain valid for 90 days from the date of opening for the
purpose of acceptance and award of work, validity beyond 90 days from the date of
opening shall be by mutual consent.

12. In e-tendering, tenderer can quote the rates in figure only. The rates in words, amount
of each item and total is generated automatically. Therefore, the rate quoted by the
tenderer in figure is to be taken as correct.

13. The tenderer should carefully see the contract drawings (as applicable) as no claim
whatsoever will be entertained for any alleged ignorance thereof.

14. Before tendering, the tenderer shall inspect the site to fully acquaint himself about
the condition in regard to accessibility of site, nature and extent of ground, working
condition of site and locality including stacking of materials, installations of tools
and plants (T&P) etc., conditions affecting accommodations and movement of labour
etc. required for the satisfactory execution of the work contract. No claim whatsoever
on such account shall be entertained by the Employer in any circumstances.

15. If any tenderer withdraws his tender within the validity period or makes any
modification in terms and conditions of the tender, before the award of work, which
are not acceptable to CSIR then CSIR shall, without prejudice to any other right or
remedy, shall be at the liberty to forfeit 50% (fifty percent) of the Earnest Money
deposit absolutely. Further, the tenderer shall not be allowed to participate in the re-
tendering process for this work.

16. The Director, CSIR-IIIM, Jammu reserve the right to disallow issue of tender
document to working agencies whose performance at ongoing (s) is below par and
usually poor. He also reserves the right to verify the credential submitted by the
agency at any stage (before or after the award of work). If at any stage, any
information /documents submitted by the tenderer is found to be incorrect/false or
have some discrepancy which disqualifies the contractor then the following actions
are liable:-

a) Forfeit the entire amount of EMD submitted by the firm.

b) The agency shall be liable for debarment from tendering in CSIR-IIIM, apart from
any other appropriate contractual/legal action.

The Director, CSIR-IIIM, Jammu reserves the right of accepting or rejecting any or all
tenders or any part thereof without assigning any.

17. 100% Earnest money will be forfeited if the contractor fails to commence the work
as per letter of award.

18. Except writing rates and amount, the tenderer should not write any conditions or
make any changes, additions, alterations and modifications.

19. Some of the provisions of General Conditions of' Contract are given below.
Interpretation however shall be as given in the General Conditions of Contract.

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 (a) DEFECTS LIABLITY PERIOD: Twelve months (as per amendment) from the
date of completion as certified by the Employer.
(b) MINIMUM VALUE OF WORK FOR THE INTERMEDIATE
CERTIFICATE: Rs.10.00 Lakhs (Rupees Ten Lakhs only). Intermediate
certificate for a lesser amount can be admitted for payment at the discretion of
the Engineer.
(c) SECURITY DEPOSIT: A sum @ 10 % of the gross amount of the bill shall be
deducted from each running bill of the contractor till the sum along with sum
already deposited as earnest money, amounts to 5 % of the tendered value of the
work In addition, the contractor shall be required to deposit an amount
equal to 5 % of the contract value as performance security as per CPWD
manual within the period prescribed in the letter of award issued to him.
After recording of the completion date for the work by the Engineer-in-Charge,
the Performance Security shall be returned to the contractor, without any
interest.
(d) COMPENSATION: Contractor shall pay as compensation an amount equal to
one percent or such smaller amount as the Employer (whose decision in writing
shall be final) may decide on the cost of the whole work as shown in the
agreement, for every week that the work remains uncommenced or unfinished or
due quantity of work remains incomplete after the proper dates. Compensation to
be paid shall not exceed 10% of the estimated cost of the work as shown in the
agreement.
20. Tender Liable for Rejection. Tender is liable for outright rejection if on opening it is
found that-
(a) The Tenderer has not strictly followed the procedure laid down for submission
of tender.
(b) If the tender is CONDITIONAL.

(c) If the Tenderer has quoted his offer anywhere else other than specified place
provided.

(d) The Tenderer has not uploaded the documents or Failed to fill the prescribed
format.
(e) Any other ground as decided by the TOC/Competent Authority in view of
deviation from Tender Document.

21. All tenderers should submit the proof of their Goods and Services Tax registration.
Deduction of GST will be made from their running and final bill as per standard
norms of the Government, if required. Contractors are requested to refer clause no.5
of General conditions of contract for quoting rates of tender items. The contractor
shall quote their rates inclusive of all taxes i.e GST and Labour cess etc.

22. The instructions for the submission of e-tender are available on the CPPP
website i.e. https://etenders.gov.in/eprocure/app under the "Instruction for Online
Bid Submission". All the intending tenderers are requested to go through these
instructions before entering into the process of e-tendering and advised to visit
again CPPP website regularly till closing date of submission of tender for any
corrigendum/ addendum/ amendment. Manual tenders shall not beaccepted.

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23. List of documents to be scanned and uploaded in Cover: I & II are as per follows:

Sl. No. Cover-I Cover-II

1 Receipt of deposit of Tender Cost Financial bid as per format

given in the tender document.
2 Receipt of deposit of EMD

3 Copies of experience certificates of

similar works completed satisfactorily as
per NIT

4 Copy of GST registration number

5 Copy of PAN Card

6 Tender acceptance letter as per clause no.-

26 (Annexure-I)

7. Performa to be submitted by applicant

(Annexure-II)

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 Annexure-I
TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head)

Date: ……………….…..

To,
The Director,
CSIR-IIIM,CANAL ROAD
JAMMU-180001
JAMMU & KASHMIR

Sub: Acceptance of Terms & Conditions of

Tender. Tender Reference No: ……………………….

Name of Tender/Work: “Repair and Renovation of Staff Quarters Type-II 45 Nos.

(B-1 to B-21, B-22 to B-29 and B-40 to B-55) and Type- VI 03 Nos. (EVI-1 to EVI-
3) and Director Bungalow at CSIR-IIIM, Jammu.” (Civil & Electrical works)
Dear Sir,

1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
e-tendering portal https://etenders.gov.in/eprocure/app as per your advertisement, given in theabove
mentioned website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the
tender documents(including all documents like GCC, Scope of work, annexure(s),
schedule(s), Under taking letter etc., which form part of the contract agreement and I /
we shall abide hereby by the terms / conditions / clauses contained therein.

3. The corrigendum (s) issued from time to time by your department / organization too
have also been taken into consideration, while submitting this acceptance letter.

4. I / We hereby unconditionally accept the tender conditions of above mentioned tender

document(s) / corrigendum(s) in its totality / entirety.

5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any
Govt. Department/Public sector undertaking.

6. I / We certify that all information furnished by the our Firm is true & correct and in
the event that the information is found to be incorrect/untrue or found violated, then
your department / organization shall without giving any notice or reason therefore or
summarily reject the bid or terminate the contract, without prejudice to any other rights
or remedy including the forfeiture of the full said earnest money deposit absolutely.

Yours Faithfully,

(Signature of the Bidder, with Official Seal)

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 Annexure-II
PERFORMA TO BE SUBMITTED BY APPLICANT

Name of work: “Repair and Renovation of Staff Quarters Type-II 45 Nos. (B-1 to B-
21, B-22 to B-29 and B-40 to B-55) and Type- VI 03 Nos. (EVI-1 to EVI-3) and
Director Bungalow at CSIR-IIIM, Jammu.” (Civil & Electrical works)

Sr.
Descriptions Particulars Check list
no.
1 Contractor Details;

(i) Name of firm: ……………………………………………………………………………

(ii) Address: …………………………………………………………………………………
(iii) Contact details: ……………………..………………………………………….……….
2. Bank Details;
(i) Name of the account holder
(ii) Name of the bank
(iii) Address of the bank branch
(iv) Account No.
(v) IFS Code of the branch

3. Cover-I Shall contain scanned copy of

following:
(i) Receipt of deposit of Tender Cost Ref. no.:……………………… Copy enclosed:
Amount:……………………… Yes / No
(ii) Receipt of deposit of EMD Ref. no.:………………………. Copy enclosed:
Amount:……………………… Yes / No
(iii) Copies of experience certificates of similar works Copy enclosed:
completed satisfactorily as per NIT .................................... Yes / No

(iv) Copy of GST registration number Copy enclosed:

………………………………….
Yes / No
(v) Copy of PAN Card No. Copy enclosed:
………………………………….
Yes / No
(vi) Tender acceptance letter Copy enclosed:
Yes / No

4. Cover – II
Financial bid as per format given in the tender Uploaded on CPP
document (BOQ) uploaded through CPP portal portal:
Yes / No

I ………………………………..………………hereby declare that the documents submitted / enclosed are true

and correct. In case any document at any stage found fake / incorrect, my EMD may be forfeited & debarred
from tendering in CSIR-IIIM, JAMMU. No further clarification will be sought from the tenderers.

Date: …………………….

(Signature of the Bidder with Official Seal)

………………………………………………………………………………………………………………………
……………………………………

Note: All are requested to fill up the required data in the above Performa.

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 ARTICLES OF AGREEMENT

ARTICLES OF AGREEMENT MADE AT ________this__________ day of ___________

BETWEEN the Council of Scientific & Industrial Research, New Delhi, a Society registered under
the Societies Registration Act 1860 (Hereinafter referred to as the Employer, which expression shall
include its successors and assignees and authorized officers of the Society) of the one part and
_______________ trading in the name and style of _____________ (herein after referred to as the
contractors(s) which expression shall include his/their respective heirs, executors, administrators and
permitted assignees) of the other part.

WHEREAS the Employer is desirous of getting the work of ________ done and has caused drawings,
schedule of Quantities and Specifications describing the work to be prepared.

AND Whereas the said specifications and the schedule of quantities and other documents have been
signed by on behalf of the parities.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES

HERETO AS FOLLOWS:-

1. In consideration of the payments to be made to them as hereinafter provided the Contractor

shall upon and subject to the conditions hereinafter contained execute and complete, the work
at the rates specified in the attached schedule of quantities and with such materials as are
provided for and in accordance in all respect with specifications, designs, drawings and
instructions in writing. Time for carrying out the work will be_____ months and the date of
commencement shall be reckoned from the tenth day of issue of award letter.

2. The Employer shall pay to the Contractors such sums as shall become payable hereunder at
the times and in the manner specified in the said conditions.

3. This agreement contains the following documents in addition to pages of Articles of

Agreement.

i. General Conditions of Contract Page No ____ to ___

ii. Special Conditions Page No ______
iii. Additional Conditions Page No _____
iv. Indenture of Secured Advance Page No ___ to ____
v. Original tender document alongwith the covering letter of the firm dated __ Page No.
1 to _
vi. ______________________________________
vii. ______________________________________
viii. ______________________________________

In witness whereof the parties hereto have set their respective hands the day and year herein above
written.
Signed by, for and on behalf of Employer ________________________

In the presence of

(1) _________________ (2) _____________________

Signed by the said contractor

In the presence of

(1) ______________________ (2) _____________________

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 GENERAL CONDITIONS OF CONTRACT

1. INTERPRETATION

(a). In construing these conditions, the Specifications, the Schedule of Quantities, Tender, Special
Conditions and Agreement, the following words shall have the meanings herein assigned to
them except where the subject or context otherwise requires.

(b) This contract shall comprise of the Articles of Agreement General Conditions of Contract,
Special Conditions, Additional Special Conditions, the Schedule of Quantities, Specifications,
letter of acceptance of tender and other documents mentioned in the contents sheet attached
hereto and including those to which only reference is made herein.

WORK OR WORKS: shall mean all work or works defined in schedule of quantities,
specifications and such other work or works as the contractor may be entrusted with for
carrying out under this contract.

EMPLOYER shall mean Director-General, CSIR or any officer authorized Director-General

for the purpose.

ENGINEER: shall mean the Engineer designated by the Employer to superintend and
perform other duties as indicated in the contract.

CONTRACTOR: shall mean the individual or Firm or Company, whether incorporated or

not, undertaking the work and shall include the legal personal representative or such individual
or the persons composing such Firm or Company or the successors of such Firm or Company
and the permitted assignees of such individual or Firm or Firms or Company.

SITE: shall mean the site of the contract works including any buildings and erections thereon
and any other land adjoining thereto (inclusive) as aforesaid allotted by the Employer or the
Engineer for the contractor's use.

COMPENSATION: shall mean all sums payable by way of compensation under any of the
conditions shall be considered as reasonable compensation without reference to the actual loss
or damage sustained and whether or not any damage sustained, and whether or not any
damage shall have been sustained.

Words imputing persons include firms and corporations; words imputing the singular only also
include the plural and vice versa where the context so required.

The headings are given to the clauses for convenience and they will not limit the meaning or
scope of the clauses in any way.

2. DRAWINGS AND SPECIFICATIONS

The contractor shall execute whole and every part of the work in the most substantial and
workmanlike manner both as regards material and otherwise in every respect in accordance
with the specifications. The contractor shall also conform exactly and faithfully to the design,
drawings and instructions given in the respect of the work by the Engineer. The contractor
shall be furnished free of charge one copy of such specifications and all such designs,
drawings and instructions as are not included in the printed publications.

3. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY

a) The contractor shall provide at his own cost all material (except such materials, if any as may
in accordance with the contractor be supplied by the Employer) plants, tools, appliances,
implements, ladders, scaffolding, temporary works, etc. requisite or proper for the execution
of the work whether original, altered or substituted and whether included in the specifications
or other documents forming part of the contract or which may be necessary for the purpose of
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 satisfying or complying to the requirements of Engineer, as to any manner as to which under
these conditions he is entitled to be satisfied together with carriage there or to and from the
work. The contractor shall also supply without charge the requisite number of persons with
means and materials necessary for the purpose of setting out works and counting, weighing
and assisting in the measurement or examination at any time and from time to time of the
work or materials. Failing his so doing, the same may be provided by the Engineer at the
expense of the contractor and the expenses may be deducted from any money due to the
contractor under the contract and/or from his Security Deposit. Sufficiency of Tender The
contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of the tender for the works and the rates and the prices quoted in the schedule of
items, which rates and the prices shall, except as otherwise provided, all his obligations under
the contract and all matters and things necessary for the proper completion and maintenance of
the works”.

b) The contractor shall provide himself with requisite quantity and quality of water for carrying
out the works at this own cost. If, however, piped water is supplied by the Employer, the
contractor shall pay for the water at one percent of the total cost of the work done except on
Electrical work, Air-conditioning work and Furniture work. The contractor shall make his own
arrangement for water connection and laying of further pipelines from the source of supply of
the Employer. It should be clearly understood that the Employer does not guarantee to
maintain un-interrupted supply of water and it will be incumbent on the part of the contractor
to make alternative arrangement for water at his own cost in the event of any temporary break-
down in the water mains so that the progress of work is not held up for want of water. No
claim as damages of refund of water charges will be entertained on account of such break-
downs. However, if the contractor is permitted to make his own arrangement to draw water
from a well, hand-pump, or natural river or pond of the Employer, no charges will be made for
the water drawn from the same, but the contractor will make good any damage done to the
installations and ensure that the quality of water used in the work is conforming to BIS codes
and provide for any treatment at his own cost.

c) The contractor shall be allowed to construct temporary wells in Employers’ land for taking
water for construction purpose only after he has permission of the Employer in writing. No
charges shall be recovered from the contractor on this account but the contractor shall be
required to provide necessary safety arrangement to avoid any accident or damage to adjacent
buildings, roads and service lines. He shall be responsible for any accident or damage caused
due to construction and subsequent maintenance of the wells and shall restore the ground to
its original condition after the wells are dismantled on completion of the work.

d) The Employer on no account shall be responsible for the expenses incurred by the contractor
for hired ground of water obtained from elsewhere.

e) Subject to availability the Employer may supply power at only one point from where the
Contractor shall make his own arrangement for distribution including provision of electric
meters, switches, fuses etc. at his own cost. These shall be in the custody of the Employer. If
there is any hinderance caused to other works the contractor shall reroute or remove such
temporary lines without any extra cost. Such temporary lines shall be removed after the
completion of work. The cost of power consumed by the contractor shall be payable to the
employer at rates fixed by the Employer, which would be deducted from the running account
bills. However the Employer does not guarantee the supply of power and no compensation for
any failure or short supply of power shall be entertained.

4. AUTHORITIES, NOTICES & PATENTS

a) The contractor shall conform to any regulations and bye-laws of any corporation and of any
electricity supply company and authorities with whose systems the structure is proposed to
be connected, and shall before making any variations from the drawing and specifications
that may be necessitated for so conforming by giving written notice to the Engineer
specifying the variations proposed to be made, the reasons for making it and apply for
instructions thereon. If the compliance with this clause involves any extra work not

12
 included in this contract, he shall specify these items of work and the allowance of extra
payment required on their account.

b) The contractor shall give all notices required by the said regulations or bye-laws to be given
to any Authority and pay to such Authority or to any public office all fees that may be
chargeable in respect of the works and lodge the receipts with the bill to the Engineer for
reimbursement

5. RATES TO INCLUDE ALL TAXES

a) Rates quoted by the contractor shall include all taxes and GST as per prevailing rules/norms,
in respect of this contract and the Employer shall not entertain any claim whatsoever in this
respect. Tendered rates are inclusive of all taxes and levies payable under the respective
statutes. However pursuant to the Constitution (Forty sixth Amendment) Act, 1982 if any
further tax or levy is imposed by Statutes, after the date of receipt of tenders and the
contractor thereupon necessarily and properly pays such taxes/ levies the contractor shall be
reimbursed the amount as per the rules on producing proof of payment so made provided
such payments, if any, is not in the opinion of the Employer (whose decision shall be final
and binding) attributable to delay in executing of work within the control of the contractor.

b) The contractor shall keep necessary books of accounts and other documents for the purpose
of this condition as may be necessary and shall allow inspection of the same by a duly
authorized representative of the Employer and further shall furnish such other information
and documents as the Employer may require.

c) The contractor shall within a period of thirty days of imposition of any further tax or levy
pursuant to the Constitution (Forty Sixth Amendment) Act, 1982 give a written notice
thereof to the Employer that the same is given pursuant to this condition together with all
necessary information relating thereto.

6. MATERIALS

a) If the specifications of schedule of items provide for the use of any material to be supplied
by the Employer's stores or if it is required that the contractor shall use certain stores to be
provided by the Employer as shown in the schedule of materials hereto annexed, the
contractor shall be bound to procure and shall be supplied such material and stores as are
from time to time required to be used by him for the purpose of the contract only and value
of the materials so supplied at the rates specified in the said schedule of materials and of the
quantities incorporated in the work may be set off or deducted from any sums then due, or
thereafter to become due to the contractor under the contract or otherwise or against or from
the Security deposit. All materials so supplied to the contractor by the Employer shall
remain the absolute property of the Employer and the contractor shall be the trustee of the
materials so supplied/procured and the said materials shall not be removed/disposed off
from the site of the work on any account and shall be at all times open for inspection by the
Engineer or Employer. The contractor shall bear all incidental charges for cartage, storage
and safe custody of all materials and against damage due to dampness, rain, sun, fire and
theft and be fully responsible for their storage and maintenance. Any such material unused
and in perfectly good condition in the opinion of the Employer at the time of the completion
of work or termination of the contract, or earlier shall be returned to the Employer at a place
directed by the Engineer at contractor's cost and at rates stipulated in the said schedule but
in case the Employer decides not to take back the materials the contractor shall have no
claim for compensation on account of any such materials supplied to him as aforesaid being
unused by him or for any wastage or damage to any such materials.

b) If for any reason there is delay or non-supply of material as shown in the schedule, the
contractor shall procure the same and complete the work in time after due-intimation and

13
 approval of the Employer. The difference in price (between his Procurement price and price
shown in the schedule) shall be paid to the contractor. However in case approval of the
Employer is not given, only suitable extension of time would be considered and no other
claim of compensation/damages shall be payable by the Employer.

c) After completion of the work or on determination/termination of the contract, the theoretical

quantity of cement to be used in work shall be calculated on the basis of statement showing
quantity of cement to be used in different items of work provided in current schedule for the
purpose printed by CPWD. In case any item is executed for which the standard constants for
the consumption of cement are not available in the above mentioned statement or cannot be
derived from this statement, the same shall be calculated on the basis of standard formula to
be laid down by the Engineer. Over the theoretical quantity of cement, shall be allowed a
variation up to 3% plus/minus for works estimated cost of which as put to tender is not more
than Rs. 10.00 lakhs and upto 2% plus/minus for works estimated cost of which as put to
tender is more than Rs.10.00 lakhs. The difference in the quantity actually issued to the
contractor and the theoretical quantity including authorised variation, if not returned by the
contractor, shall be recovered at twice the issue rate, without prejudice to the provision of
other conditions regarding return of materials governing the contract. In the event of its
being discovered that the quantity of cement which is less than the quantity ascertained as
herein before provided (allowing variation on minus side as stipulated above) the cost of
quantity of cement not so used, shall be recovered from the contractor on the basis of
stipulated issue rates and cartage to site.

d) The provision, of foregoing sub-clause shall apply Mutatis-Mutandis in the case of steel
reinforcement or structural steel sections (each diameter/section or category shall he
considered separately) except that the theoretical quantity of the steel shall be taken as the
quantity required as per design or as authorised by the Engineer, including lappages, plus
3% wastage due to cutting into pieces. Over this theoretical quantity 2% Plus/minus shall be
allowed as variation due to wastage.

e) The provision of foregoing sub-clause shall apply Mutatis-Mutandis in the case of cables
(other than under-ground cables), wires, conduits/GI pipes, GI/'MS sheets used in various
items of work shall be calculated on the basis of measurements recorded in the measurement
books for the purpose of payment and for assessing the consumption of materials used in the
works. Over this quantity a variation of 5% plus shall be allowed for wastage of materials
during execution in case of cables (other than underground cables), wires, conduits/GI
pipes, and 10% plus in case of GI/MS sheets.

f) The provisions made above are without prejudice to the right of the Employer to take action
against the contractor under the conditions of the contract for not doing the work according
to the prescribed specifications.

g) In case of easy availability of approved quality of cement and steel in the open market it will
be Employer’s discretion to make these items as contractor’s supply.

7. TESTING OF MATERIALS

The contractor shall provide assistance, instruments, materials, labour and any other
arrangement normally required for testing, checking of materials and workmanship as stipulated
in the specifications and by statutory authority at his own cost. The Employer has the right to
appoint the testing authorities. The contractor shall pay for the cost of test samples, its packing,
transportation including testing fees. Failing his so doing, the same shall be provided by the
Engineer at the expense of the contractor and the expenses may be deducted from any money
due to the contractor under the contract and/or from the Security Deposit or proceeds thereof or
of a sufficient portion thereof.

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8. CONTRACTOR’S ENGINEERS/FOREMAN & WORKMEN

a) The contractor shall give all necessary personal superintendence during the execution of the
work and as long thereafter as the Engineer may consider necessary until the expiration of
the Defects Liability Period. The contractor shall employ competent site- Engineer/Foreman
as per CPWD norms and as approved by the Engineer whose qualification must conform to
the requirement specified by the Engineer who shall be constantly in attendance of the work
while the men are at work. Any directions explanations, instructions or notices, given by the
Engineer to such Site-Engineer or Foreman or any other authorised agent shall be held to be
given to the contractor.

b) The contractor shall on the request of the Engineer immediately dismiss from the works any
person employed thereon who may in the opinion of the Engineer be unsuitable or
incompetent or who may in the opinion of the Employer misconduct himself.

9. ACCESS

a) The Engineer, and the Employer or its representative shall at all reasonable time have free
access to the works and/or workshops, factories or other places the materials are being
prepared or constructed for the contract and also to any place where the materials are lying
or from which they are being obtained and the contractor shall give every facility to them
for inspection. Except the representatives of statutory authorities and those mentioned
above no other person shall be allowed on the works at any time without the Permission of
the Engineer.

b) If any work is to be done at a place other than the site of works, contractor shall obtain
written permission of the Engineer.

10. VARIATION & PRICE POR VARIATION

a) The Engineer with the approval of the Employer shall have power to make any
alternations/omissions/additions and/or substitutions from the original specifications,
drawings, designs, and written instructions and such alterations, omissions, additions,
substitutions shall not invalidate the contract and any altered, additional, or substituted work
which the contractor may be directed to do in the manner specified above as part of the
work shall be carried out by the contractor on the same conditions in all respects on which
he agreed to do the main work. The rates for such altered, additional or substituted work
under this clause shall be worked out in accordance with the following provisions in their
respective order.

b) If the rates for the altered, additional, or substituted work are specified in the contract for the
work, the contractor is bound to carry out the altered, additional, or substituted work at the
same rates as are specified in the contract for the work.

c) If the rates for the altered, additional, or substituted work are not specifically provided in the
contract for the work, the rates will be derived from the rates for a similar class of work as
are specified in the contract for the work.

d) If the rates for the altered, additional, or substituted work cannot be determined in the
manner specified in sub-clause (b) and (c) above, then the contractor shall, within 10
working days from the date of receipt of the order to carry out the work through notice in
writing, inform the Engineer of the rate which it is his intention to charge for such class of
work, supported by analysis of the rate claimed which shall be based on actual cost of work
plus 10% as contractor's profit and over-heads except in case of departmental materials for
which contractors profit and over- heads shall be 2.5%. When such notice has been given,
the Engineer with the consent of the Employer may agree to such a rate but if the Engineer
does not agree to the contractor's rate, the Engineer may cancel his order to carry out such
class of work and arrange to carry out in such a manner as he may consider advisable.

15
e) Under no circumstances, the contractor shall suspend the work on the plea of non-
settlement of rates of items falling under the clause.

f) Deviation limits”
Building work 30%
Maintenance/emergency works 50%
Foundation works 100%
Services works 30%

11. FAULTY MATERIALS, WORKMANSHIP & DEFECTS AFTER

COMPLETION

a) The Engineer shall have powers to require the removal from the site of all materials and
work which in his opinion are not in accordance with specifications and in case of default,
the Engineer shall be at liberty to employ other persons to remove the same without being
answerable or accountable for any loss or damage that may happen or arise to such materials
to the substituted thereof and in case of default the Engineer may cause the same to be
supplied and all costs which may attend such removal and/or substitution are to be borne by
the contractor.

b) If it shall appear to the Engineer or to the Employer based on audit/technical

Examination that any work has been executed with unsound, imperfect, or unskillful
workmanship or with materials of any inferior description, or that any materials or articles
provided by him for the execution of the work are unsound or of a quality inferior to that
contracted for or otherwise not in accordance with the contract, any defects, shrinkage or
other faults which may appear within the defects liability period of twelve months from the
date of completion arising in the opinion of the Engineer, the contractor shall on demand in
writing which shall be made within twelve months of the completion of the work from the
Engineer specifying the work, materials, articles defects or other faults complained of not-
withstanding that the same may have been passed, certified and paid for, forthwith rectify,
or remove and reconstruct the work so specified in whole or in part, as the case may require
or as the case may be, remove the materials or articles so specified and provide other proper
and suitable materials or articles at his own cost. In case of any such failure, the Engineer
may rectify or remove or re-execute the work or remove and replace with others, the
material or articles complained of as the case may be at the risk and cost in all respects of
the contractor.

c) In lieu or rectifying the work not done in accordance with the contract, the Employer may,
allow such work to remain, and in that case make allowance for the difference in value,
together with such further reduction as in his opinion may be reasonable.

d) Provided always that nothing in this clause shall relieve the contractor from his liability to
execute the works in all respects in accordance with the terms and conditions of this
contract, or from his liability to make good all defects.

12. WORKS TO BE OPEN FOR INSPECTION

a) All work under or in course of execution or executed in pursuance of the contract shall at all
times be open to the inspection and supervision of the Engineer and the contractor shall at
all times during the usual working hours, and at all other times at which reasonable notice of
the intention of the Engineer to visit the works shall have been given to the contractor, either
himself be present to receive order and instruction or have a responsible agent duly
accredited in writing present for that purpose.

b) The contractor shall give not less than seven days notice in writing to the Engineer before
covering up or otherwise placing beyond the reach of measurement any work in order that
16
 the same may be measured and correct dimensions thereof be taken before the same is so
covered up or placed beyond the reach of measurement and shall not up and place beyond
the reach of measurement, any work without the consent in writing of the Engineer and the
Engineer shall within the aforesaid period of seven days inspect the work, and if any work
shall be covered up or placed beyond the reach of measurement without such notice having
been given or the Engineer’s consent obtained the same shall be uncovered at the
contractors expense or in default thereof no payment or allowance shall be made for such
work or the materials with which the same was executed.

13. ASSIGNMENT OR SUB-LETTING

a) The contract shall not be assigned or sublet without the written approval of the Employer. And
if the contractor shall assign or sub-let his contract or attempt to do so or become insolvent or
commence any insolvency proceedings or make any, composition with his creditors or attempt
to do so or if any bribe, gratuity or gift, loan, perquisite, reward or advantage pecuniary or
otherwise, shall either directly or indirectly, be given, promised or offered by the contractor or
any of his servants or agents to any person in the employment of the Employer in any way
relating to his office or employment or if any such employee or person shall become in any way
directly or indirectly interested in the contract the Employer shall have the power to adopt any
of the courses specified under clause -23 as may be best suited to the interest of the Employer
and in the event of any of the courses being adopted the consequences specified in the said
clause shall ensure.

b) Where the contractor is a partnership firm, the approval in writing of the Employer shall be
obtained before any changes in the constitution of the firm. Where the contractor is an
individual or a Hindu undivided family business concerns such approval as aforesaid shall
likewise be obtained before the contractor enters into any partnership agreement hereunder the
partnership firm would have the right to carry out the work hereby undertaken by the contractor.
If previous approval as aforesaid is not obtained, the contract shall be deemed to have been
assigned or sublet in contravention of clause 13(a) and the same action may be taken and the
same consequences shall ensue as provided in the said clause 13 (a).

14. INDENTIFYING AGAINST DAMAGES TO PERSONS, PROPERTY STATUTES

The contractor shall take all precautions to avoid all accidents by exhibiting necessary
caution boards day and night, speed limit boards, red flags, red lights and providing barriers.
He shall be responsible for all damages and accidents caused due to negligence on his part.
No hindrance shall be caused to traffic during the execution of work.

a) The contractor shall be responsible for all injury to persons, animals or things, and for all
damage, whether such injury or damage arises from carelessness or accident in any way
connected therewith. This clause shall be held to include interalia any damage due to causes
as aforesaid to work, building (whether immediately adjacent or otherwise) and to roads
streets, footpaths, bridges or ways as all damage caused to the buildings and works forming
the subject of this contract by inclemency of weather. The contractor indemnifies the
Employer and holds him harmless in respect of all expenses arising from such injury or
damages as aforesaid and also in respect of any award of compensation or damage
consequent upon such claim including legal costs.

b) The contractor shall reinstate all damage of every sort mentioned in this clause, so as to
deliver the whole of the contracted works complete and perfect in every respect and so as to
make good and otherwise satisfy all claims for damage as aforesaid to the property of third
parties.

c) The contractor also indemnifies the Employer against all claims which may be made upon
the Employer for acts during the currency of this contract by any employee or representative
of an employee of the contractor or any sub-contractors, employed by him, for any injury to
or loss of life, of such employees, or for compensation payable under any law, for the time

17
 being in force to any workmen or to the representative of any deceased or incapacitated
workmen.

d) The contractor also indemnifies the Employer against all claims which may be made upon
the Employer for acts during the currency of this contract by the Central/State Government
or local Municipal authorities for the non-compliance of any laws, regulations, rules
pertaining to wages act, safety act in force and any amendments thereof in respect of all
labour and apprentices directly or indirectly employed in the work under this contract.

e) The Employer shall be at liberty and is hereby empowered to deduct the amount of any
damages, compensation costs, charges and/or expenses arising or accruing from or in
respect of any such claim and/or damages as aforesaid from any sum or sums due or to
become due to the contractor or security deposit.

f) The contractor shall indemnify the Employer against any action, claim or proceedings
relating to infringement or use of any patent or design or any alleged patent or design rights
and shall pay an royalties which may be payable in respect of any article or part thereof
included in the contract. In the event of any claims made under or action brought against the
Employer in respect of any such matters as aforesaid the contractor shall be immediately
notified thereof and the contractor shall be at liberty, at his own expense, to settle any
dispute or to conduct any litigation that may arise there from. Provided that the contractor
shall not be liable to indemnify the Employer if the infringement of the patent or design or
any alleged patent or design right is the direct result of an order passed by the said Employer
or his authorized representative.

15. LIEN IN RESPECT OF CLAIM IN OTHER CONTRACTS

a) Any sum of money due and payable to the contractor including the security deposit under the
contract may be withheld or retained by way of lien by the Employer or Government or any
other contracting person or persons against and claim of the Employer or Government or such
other persons in respect of payment of a sum of money arising out of or under any other contract
made by the contractor with the Employer or Government or with such other persons.

b) It is agreed term of the contract that the sum of money so withheld or retained under this clause
by the Employer will be kept withheld or retained as such by the Employer or till his claim
arising out of in the same contract or any other contract is either mutually settled or determined
by the Arbitrator if the contract is governed by arbitration clause or by the competent court as
the case may be, and that the contractor shall have no claim for interest or damages whatsoever
on this account or any other ground in respect of any sum of money withheld or retained under
this clause and duly notified as such to the contractor.

16. WITHHOLDING & LIEN IN RESPECT OF SUMS CLAIMED

(a) Whenever any claim or claims for payment of a sum of money arises out of or under the contract
against the contractor, the Employer shall be entitled to withhold and also have a lien to retain
such sum or sums in whole or in part from the security deposit, if any deposited by the
contractor and for the purpose aforesaid, the Employer shall be entitled, to withhold the security
deposit, if any, furnished as the case may be and also have a lien over the same pending
finalization or adjudication of any such claim. In the event of the security deposit being
insufficient to the claimed amount or amounts or if no security deposit has been taken from the
contractor, the Employer shall be entitled to withhold and have a lien to retain to the extent of
such claimed amount or amounts referred to above, from any sum or sums, found payable or
which at any time thereafter may become payable to the contractor under the same or any other
contract, with the Employer or any contracting person pending finalization or adjudication of
any such claim.

18
 It is an agreed term of the contract that the sum of money so withheld or retained under the lien
referred above, by the Employer will be kept withheld or retained as such by the Employer till
the claim arising out of or under the contract is determined by the Arbitrator (if the contract is
governed by the arbitration clause) or by the competent court as the case may be and that the
contractor will have no claim for interest or damages whatsoever on any account in respect of
such withholding or retention under the lien referred to above and duly notified as such to the
contractor. For the purpose of this clause, where the contractor is a partnership firm or a limited
company the Employer shall be entitled to withhold and also have a lien to return towards such
claimed amount or amounts in whole or in part from any sum payable to any Partner/Limited
company as the case may be, whether in his individual capacity or otherwise.

b) The Employer shall have the right to cause an audit and technical examination of the works and
the final bills of the contractor including all supporting vouchers, abstract etc., to be made after
payment of the final bill and if as a result of such audit and technical examination any sum is
found to have been over paid in respect of any work done by the contractor under the contract or
any work claimed by him to have been done by him under the contract and found not to have
been executed the contractor shall be liable to refund the amount of over-payment and it shall be
lawful for the Employer to re the same from him in the manner prescribed in sub-clause (a) of
this clause or in any other manner legally permissible; and if it is found that the contractor was
paid less than what was due to him under the contract in respect of any work executed by him
under it, the amount of such under-payment shall be duly paid by the Employer to the
contractor.

Provided that the Employer shall not be entitled to re any sum over-paid, nor the contractor shall
be entitled to payment of any sum paid short where such payment has been agreed upon
between the Employer on the one hand and the contractor on the other hand, under any term of
contract permitting payment for work after assessment by the Employer.

17. IN-CASE OF DEATH OF CONTRACTOR

Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the
Employer shall have the option of terminating the contract without compensation to the
contractor.

18. SUB – CONTRACTORS

The Employer reserves the right to use the premises and any portion of the site for the
execution of any work not included in the contract. The contractor is to afford all reasonable
facilities to all sub-contractors, specialists, merchants, tradesmen and other who may at any
time be appointed by the Employer for executing any work or supplying any goods relating to
the constructions, servicing, equipping or furnishing of the work under this contract.

19. COMPLIANCE TO LABOUR LAWS & APPRENTICE ACT

The contractor shall comply with all the provisions of the Minimum Wages Act, 1948.
Contract Labour (Regulation and Abolition) Act, 1970, and rules and orders framed there under
and other labour laws affecting contract labour and Apprentice Act, 1961 and the rules and
orders framed there under that may be in force or brought into force from time to
time.Contractor shall obtain a valid license under Contract Labour (R&A) Act 1970 and
Contract Labour (R&A) Central Rules 1971 before commencing work and which should be
valid till the completion.

19
20. COMPENSATION FOR DELAY
a) The time for carrying out the work as entered in the tender shall be strictly observed by the
contractor and shall be deemed to be the essence of the contract on the part of the
contractor. The work shall throughout the stipulated period of the contract be proceeded
with all due diligence and the contractor shall pay as compensation an amount equal to one
percent or such smaller amount as the Employer (whose decision in writing shall be final)
may decide on the amount of the whole work as shown in the agreement, for every week
that the work remains uncommenced or unfinished after the proper dates.

b) And further to ensure good progress during the execution of the work, the contractor shall be
bound in all cases in which the time allowed for any work exceeds one month (save for
special jobs) to complete one-eighth of the whole of the work before one- fourth of the whole
time allowed under the contract has elapsed; three-eights of the work before one half of such
time has elapsed, and three-fourths of the work before three-fourths of such time has elapsed.
However for special jobs if a time schedule has been submitted by the contract and the same
has been accepted by the Employer, the contractor shall comply with the said time schedule.
In the event of the contractor failing to comply with this condition, he shall be liable to pay as
compensation an amount equal to one per cent or such smaller amount as the Employer
(whose decision in writing shall be final) may decide on the said cost of the work for every
week that the due quantity of work remains incomplete. Provided that the entire
compensation to be paid under the provisions of this clause shall not exceed ten percent
on the cost of the work as shown in the agreement.

21. DAMAGE TO WORKS IN CONSEQUENCE OF HOSTILITIES OR WAR-LIKE

OPERATIONS

a) The work (whether fully constructed or not) and all materials machines, tools and plants,
scaffolding, temporary buildings and other things connected therewith shall be at the risk of
the contractor until the work has been delivered to the Employer and a certificate from him
to that effect obtained. In the event of the work or any materials properly brought to the site
for incorporation in the work being damaged or destroyed in consequence of hostilities or
war-like operations, the contractor shall, when ordered in writing by the Employer, remove
any debris from the site, collect and properly stack or remove in store all serviceable
materials salvaged from the damaged work and shall be paid at the contract rates in
accordance with the provision of this agreement for the work of clearing the site of debris,
stacking, removal of serviceable materials and for the reconstruction of all works ordered by
the Employer such payment being in addition to compensation upto the value of the work
originally executed before being damaged or destroyed and not paid for. In case of works
damaged or destroyed but not already measured and paid for the compensation shall be
assessed by the Employer. The contractor shall be paid for the damage/ destruction suffered
and for restoring the material at the rates based on the analysis of rates tendered for in
accordance with the provision of this agreement. The certificate of the Employer regarding
the quality and quantity of material and the purpose for which they were collected shall be
final and binding on the contractor.

b) Provided always that no compensation shall be payable for any loss in consequence of
hostilities or war-like operations (i) unless the contractor had taken all such precautions
against Air Raid as are deemed necessary by the A.R.P. Officers or the Employer, (ii) for
any materials etc., not on the site of the work or for any tools and plant, machinery
scaffolding, temporary buildings and other things not intended for the work.

(c) In the event of the contractor having to carry out reconstruction as aforesaid, he shall be
allowed such extension of time for its completion as it considered reasonable by the
Employer.

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22. EXTENSION OF TIME

a) If the contractor shall desire an extension of time for the completion of the work on the
grounds of his having been unavoidably hindered in its execution or any other ground, he
shall apply in writing to the Employer within thirty days of the date of hindrance on
account of which he desires extension as aforesaid, and the Employer shall, if in his
opinion, (which shall be final) reasonable grounds shown therefore, authorise such
extension of time if any, which may, in his opinion, be necessary or proper.

b) In the event the value of work exceeds the value of the Bill of Quantities owing to variations
the contractor shall be entitled to ask for extension of time in proportion to the increased
value of work.

23. SUSPENSION OF WORK BY CONTRACTOR

(a) The Employer may without prejudice to his right against the contractor in respect of any delay
or
inferior workmanship or otherwise or to any claims for damages in respect of any breaches of
the contract and without prejudice to any rights or remedies under any of the provisions of
this contract or otherwise and whether the date for completion has or has not elapsed by
notice absolutely determine the contract in any of the following cases:

i. If the contractor having been given by the Engineer a notice to rectify, reconstruct or replace
any defective work or that the work is being performed in any inefficient or otherwise
improper or unworkman-like manner shall omit to comply with the requirements of such
notice for a period of seven days thereafter or if the contractor shall delay or suspend the
execution of the work so that in the judgment of the Employer (which shall be final and
binding) he will be unable to ensure completion of the work by the date for completion or he
has already failed to complete the work by that date.

ii. If the contractor being a company shall pass a resolution or the court shall make an order
that the company shall be wound up or if a receiver or a manager on behalf of a creditor
shall be appointed or if circumstances shall arise which entitle the court of creditor to
appoint a receiver or a manager or which entitle the court to make a winding up order.

iii. If the contractor commits breach of any of the terms and conditions of this contract.

iv. If the contractor commits any acts mentioned in Clause-13 hereof.

(b) When the contractor has made himself liable for action under any of the cases aforesaid, the
Employer shall have the following powers:

i. To determine or rescind the contract as aforesaid (of which termination or rescission notice
in writing to the contractor under the hand of the Employer shall be conclusive evidence).
Upon such determination or rescission the security deposit of the contractor shall be liable
to be forfeited and shall be absolutely at the disposal of the Employer.

ii. The Engineer may employ labour paid by the Employer and to supply materials to carry out
the work or any part of the work debiting the contractor with the cost of the labour and price
of the materials (of the amount of which cost and price certified by the Engineer shall be
final and conclusive against the contractor) and crediting him with the value of the work
done in all respects in the same manner and at the same rates as if it had been carried out by
the contractor under the terms of his contract. The certificate of the Engineer as to the value

21
 of the work done shall be final and conclusive against the contractor, provided always that
action under the sub-clause shall only be taken after giving notice in writing to the
contractor. Provided also that if the expenses incurred by the Employer are less than the
amount payable to the contractor at his agreement rates, the difference should not be paid to
the contractor.

iii. After giving notice to the contractor to measure up the work of the contractor and to take
such part thereof as shall be unexecuted out of his hands and to give it to another contractor
to complete in which case any expenses which may be incurred in excess of the sum which
would have been paid to the original contractor if the whole work had been executed by him
(of the amount of which exceed the certificate in writing of the Engineer shall be final and
conclusive) shall be borne and paid by the original contractor and may be deducted from
any money due to him by the Employer under this contract, or any other account
whatsoever or from his security deposit.

iv. In the event any one or more of the above courses being adopted by the Employer the
contractor shall have no claim to compensation for any lose sustained by him by reason of
his having purchased or procured any materials or entered into any engagements or made
any advances on account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provisions aforesaid, the
contractor shall not be entitled to recover or be paid any sum for any work thereof or
actually performed under this contract unless and until the Engineer has certified in writing
the performance of such work and the value payable in respect thereof and he shall only be
entitled to be paid the value so certified.

24. SECURED ADVANCE

The contractor on signing an indenture in the form specified by the Employer during the
progress of the execution of the work may be paid if agreed by the Employer upto 75 percent of
the estimated value which shall take into account the market value and contractors tendered
rates for the finished item of any material which in the opinion of the Engineer is likely to be
incorporated in the work within next three months are non-perishable and are in accordance
with the contract and which have been brought on the site in connection therewith and are
adequately stored and protected against damage by weather or other causes but which have not
at the time of advance been incorporated in the works. When materials on account of which an
advance has been and under this clause are incorporated in the work the amount of such
advance shall be deducted from the next payment made under any of the clause or clauses of
this contract.

25. CERTIFICATES AND PAYMENTS

(a) No payment shall be made for the work estimated to cost Rupees ten thousand or less till the
whole of the work shall have been completed and certificate of completion given. But in the case
of work estimated to cost more than Rupees ten thousand, the contractor shall, on submitting the
bill be entitled to receive a monthly Payment proportionate to the part of the work executed, and
to the satisfaction of the Engineer, whose certificate of the sum so payable shall be final and
conclusive against the contractor, provided the amount of work done is as per the value of
intermediate certificate or for a lesser amount at the discretion of the Engineer as mentioned in
the NIT. All such intermediate payments shall be regarded as payments by way of advance
against the final payment only and not as payments for work actually done and completed and
shall not preclude the requiring of bad, unsound, imperfect or unskilled work to be removed and
taken away and reconstructed, or recreated or be considered as an admission of the due
performance of the contract, of any part thereof in any respect or the accruing of any claim nor
shall it conclude, determine, or affect in any way the powers of the Employer under these
conditions or any of them as to the final settlement and adjustment of the accounts or in any other
way vary or affect the contract. The final bill shall be submitted by the contractor within two
months of the date fixed for the completion of work or of the date of the certificate of completion
22
 furnished by the Employer and payment shall be made within three months if the value of the
completed works is upto Rs. two lakhs and in six months if the same exceeds Rs. two lakhs of the
submission of such bill. If there shall be any dispute about any item or items of the work then the
undisputed item or items only shall be paid within the said period of three months or six months
as the case may be.

(b) Whenever there is likely to be delay in recording detailed measurements for making a running
payment, advance payment without detailed measurements for work done worked out at 75
percent of the tendered rates for assessed quantities may be made in running account bills by
the Employer on the basis of a certificate from the Engineer. The advance payments so allowed
shall be adjusted in the subsequent running bills by taking detailed measurements thereof.
Final payments shall be made only on the basis of detailed measurements.

(c) A bill shall be submitted by the contractor each month on or before the date fixed by the
Engineer on printed forms obtainable from the Engineer's office. The Engineer shall take or
cause to be taken the requisite measurements for the purpose of having the same verified and
the claim, as far as admissible, adjusted at far as possible, before the expiry of ten days from the
presentation of the bill. If the contractor does not submit the bill within the time fixed as
aforesaid the Engineer may cause action within seven days of the date fixed as aforesaid, an
authorised representative to measure up the said work in the presence of the contractor whose
signature to the measurement will be sufficient warrant and the Engineer may prepare the bill
from such measurements.

(d) Before taking any measurement of any work the Engineer or his authorised representative
deputed by him shall give reasonable notice to the contractor. If the contractor fails to attend
after such notice or fails to sign or to record the difference within a week from the date of
measurement in the manner required by the Engineer then in any such event the measurements
taken by the Engineer or by the authorised representative deputed by him as the case may be,
shall be final and binding on the contractor and the contractor shall have no right to dispute the
same.

(e) The charges in the bills always be entered at the rates specified in the agreement or in the case of
any extra work ordered in pursuance of these conditions and not mentioned or provided for in
the agreement at the rate determined as per clause-10. However in case of partially executed
items of work, the Employer at his discretion allows proportionate rates for such items of work
as determined by the Engineer whose certificate of the sum so payable shall be final and
conclusive against the contractor.

26. SECURITY DEPOSIT

(a) A sum @ 10% of the gross amount of the bill shall be deducted from each running bill of
the contractor till the sum along with the sum already deposited as earnest money will
amount to security deposit of 5% of the tendered value of the work. In addition, the
contractor shall be required to deposit an amount equal to 5% of the tendered value of the
contract as Performance Security within the period for commencement of work in the letter
of award issued to him.

(b) In case a fixed deposit receipt of any scheduled bank is furnished by the contractor to the
Employer as part of the security deposit and the bank goes into liquidation or for any reason
is unable to make payment against the said fixed deposit receipt, the loss caused thereby
shall fall on the contractor and the contractor shall forthwith on demand furnish additional
security to the Employer to make good the deficit of such sum from the running bill as
mentioned above. Such deductions will be held by the Employer by way of security
deposit, provided always that the Employer for this purpose shall be entitled to re the said
percentage of the amount from each running bill till the balance of the amount of security
deposit is released. All compensation or the other sums of money payable by the contractor
under the terms of this contract may be deducted from the security deposit or from the
interest arising there from or from any sums which may be due to or may become due to the
contractor by the Employer on any account whatsoever and in the event of his security
deposit being reduced by reason of any such deductions aforesaid, the contractor shall
23
 within ten days make good in cash or further fixed deposit receipt pledged in favour of the
Employer. The security deposit shall be collected from the running bills of the contractor at
the rates mentioned above and the earnest money if deposited at the time of tenders will be
treated as part of the security deposit.

(c) The contractor if he so desires may furnish fixed deposit receipt in advance towards the
security deposit. Such fixed deposit receipt shall be of a minimum value of Rs.25,000/- each
(The last such fixed deposit receipt could be of a lower value on the basis of the amount).
In case any recovery is effected from running account bills, such reed amount shall not be
replaced with fixed deposit receipt. It is in the contractor’s interest to keep a watch about the
adequacy of the fixed deposit receipt submitted.

(d) No partial refund of security deposit shall be made during the defect liability period. In case
the final bill is not settled within stipulated period for reasons beyond control and the
Employer is satisfied that the security deposit is not required for adjustment of Employers
dues or whatsoever dues either in this or any other contract then this security deposit either
in full or in part could be refunded at the sole discretion of the Employer. However, release
of security deposit would be only after written clearance of Labour Officer regarding no
dues or claims is received.

(e) In case of termination of contract, this security deposit shall be forfeited and amount
necessary to make up his amount shall be recovered from money due to the contractor under
this contract, or any other contract with the employer.

27. COMPLETION CERTIFICATE

Within ten days of the completion of the work, the contractor shall give notice of such
completion to the Employer and within ten days of the receipt of such notice the Engineer shall
inspect the work. If there is no defect in the work the Employer shall furnish the contractor with a
certificate of completion otherwise a certificate of completion indicating defects shall be issued
but the work shall not be considered to be completed until the contractor shall have removed
from the premises on which the work shall be executed all the scaffolding, surplus material,
rubbish, and all huts and sanitary arrangement required for his work, people on the site in
connection with the execution of the works as shall have been erected or constructed by the
contractor and cleaned of the dirt, splashes, droppings of finishing items from all wood work,
doors, windows, walls, floors or other parts of any building, in, upon or about which the work is
to be executed or of which he may have had possession for the purpose of the execution thereof.
If the contractor shall fail to comply with requirements of this clause on or before the date fixed
for the completion of the work, the Employer may at the risk and cost of the contractor take
action as he may think fit and the contractor shall have no claim except for any sum actually
realized by the sale thereof.

28. ESCALATION

(a) If the prices of materials not being supplied by the Employer and/or wages of labour required
for execution of the work increase, the contractor shall be compensated for such increase, as
per provisions detailed below and the amount of the contractor shall accordingly be varied,
subject to the condition that compensation for escalation in prices shall be available only for
the work done during the stipulated period of the contract including such period for which the
contact is validity extended under the provisions of Clause 22 of the General Condition of
Contract without levy of compensation under clause 20 of General Condition of contract and
also subject to the condition that no such compensation shall be payable for a work for which
the stipulated period of completion is eighteen months or less. Such compensation for
escalation in the prices of material and labour, when due shall be worked out based on the
provision.

i. The base date for working out such escalation shall be the last date on which the tenders
were stipulated to be received.

24
 ii. The cost of work on which escalation will be payable shall be reckoned as 85% of the cost
of the work as per the bills, running or final, and from this amount the value of material
supplied by the Employer and proposed to be recovered in the particular bill shall be
deducted before the amount of compensation for escalation is worked out. In case of
materials brought to site for which secured advance is included in the bill full value of such
materials as assessed by the Engineer in charge (and not the reduced amount for which
secured advance has been paid), shall be included in the of work done for operation of this
clause. Similarly when such materials are incorporated in the work, the secured advance is
deducted from the bill the full assessed value of the materials originally considered for
operation of this clause shall be deducted from the cost of work shown in the bill running or
final. Further the cost of work shall not include any work for which payment is made for
any item at prevailing market rates.

iii. The compensation for escalation for materials and labour shall be worked out asper the
formula given below:-
VM = W A (MI-MIo)
100X Mio
VM - Variation in material cost i.e. increase or decrease in the amount in rupees to be paid or reed.

W - Cost of work done worked out as indicated in sub para (ii) above.

A - Component of materials expressed as percent of the total value of work and is predetermined as
75.

MI - Index numbers of wholesale prices in India for all commodities published by the Reserve Bank
of
India for the period under reckoning.

Mio - Index numbers of wholesale prices in India for all commodities published by the Reserve
Bank of
India on the date of receipt of tenders.
VL = WBX (LI - LIo)
100 LIo

VL - Variation in labour cost i.e. increase or decrease in the amount in rupees to be paid or reed.

W - Value of work done, worked out indicated in sub para (ii) above.

B - Component of labour expressed as per cent of the total value of work and is predetermined as
25.

LI - All India consumer price index number for industrial workers published by the Reserve Bank of
India for the period under reckoning as for the period under consideration

LIo- All India consumer price index numbers for industrial workers published by the Reserve Bank
of
India and valid on the stipulated date of receipt of tenders.

(b) The following principle shall be followed while working out indices mentioned in sub para
(iii) above.

The compensation for escalation shall be worked out at half yearly intervals and shall be with
respect to the cost of work done during the six calendar months of the said work. The first such
payment shall be made at the end of the six months after the month (excluding) in which the
tender was accepted and thereafter at six monthly interval. At the time of completion of work,
the last period for payment might become less than six months, depending on the actual date of
completion. The index (MI or LI) relevant to any six months for which such compensation is
25
 paid shall be the arithmetical average of the indices relevant to the six calendar months. If the
period upto date of completion after the six months covered by the last such installment of
payment, is less than six months, the index MI or LI shall be the average of the indices for the
months falling within that period. The base index (MIo or LIo) shall be the one relating to the
month in which the tenderas stipulated to be received.

(c) In the event of price of materials and/or wages of labour required for execution of the work
decreases there shall be downward adjustment of the cost of work so that the price of
materials and/or wages of labour shall be deductible from the cost of work under this
contract and in this regard formula herein before stated under this clause shall mutatis
mutandis apply, provided that no such adjustment for the decrease in the prices of materials
and/or wages of labour aforementioned would be made in case of contracts in which the
stipulated period of completion of the work is six months or less.

(d) “Employer” shall have the discretion to permit the IEEMA (Indian Electrical & Electronics
Manufacturers’ Association) clause for escalation in case of specialized works e.g. lifts and
electrical and mechanical installations etc. where the price variation is not similar to building
works.

29. ARBITRATION

a. Except where otherwise provided in the contract all questions and disputes relating to the
meaning of the specifications, designs, drawings and instructions herein before mentioned
and as to the quality or workmanship or materials used on the work or as to any other
question, claims, right, matter or thing whatsoever in any ways arising out of or relating to
the contract, designs, specifications, estimates, instructions, orders on these conditions or
otherwise concerning the works, or the execution or failure to execute the same, whether
arising during the progress of the work or after the completion or abandonment thereof, shall
be referred to the sole arbitration of the person appointed by the Director-General Council of
Scientific and Industrial Research, at the time of such dispute or if there be no Director-
General, Council of Scientific and Industrial Research, the Administrative Head of the
Council of Scientific and Industrial Research at the time of such appointment. The arbitrator
to whom the matter is originally referred being unwilling or unable to act for any reason,
such Director General or Administrative Head as aforesaid at the time or such inability or
unwillingness to act shall appoint another person to act as arbitrator in accordance with the
terms of the contract. Such person shall be entitled to proceed with the reference from the
stage at which it was left by his predecessor. It is also term of this contract that no person
other than a person appointed by such Director-General, Council of Scientific and Industrial
Research or the Administrative Head of Council of Scientific and Industrial Research as
aforesaid should act as Arbitrator and if for any reason, that is not possible, the matter is not
to be referred to arbitration at all. In all cases where the amount of dispute is rupees two
lakhs and above, the arbitrator shall give speaking award.
b. It is also a term of the contract that the party invoking arbitration shall specify the dispute or
disputes to be referred to arbitration under this clause together with the amount or amounts
claimed in respect of each such disputes.
c. It is also a term of the contract that if the contractor does not make any demand for
arbitration in respect of any claim in writing within 90 days of receiving the intimation from
the Employer that the final bill is ready for payment, the claim of the contractor will be
deemed to have been waived and absolutely barred and the Employer shall be discharged and
released of all liabilities under the contract in respect of these claims.
d. The Arbitrator may from time to time with consent of parties enlarge the time, for making
and publishing the award.

26
 e. Subject as aforesaid the provision of the Arbitration Act, 1940, or any statutory modification
or re-enactment thereof and the rules made thereunder and for the time being in force shall
apply to the arbitration reference under this clause.
f. In the event of any dispute/difference arising out of the agreement, same shall be referred to
Delhi International Arbitration Centre (DIAC), Delhi High Court New Delhi.

30. DISMANTLED MATERIAL

The contractor shall treat all material obtained during dismantling of a structure, services sub
system/installations, excavation of the site for a work etc., a employer’s property and such
material shall be disposed of to the best advantage the Employer according to the instructions
issued in writing by the Engineer.

31. PERFORMANCE GUARANTEES

Performance Guarantee may be taken from the contractor before the award of work, by the
officer authorized to award the contract, if and where considered necessary, to ensure that a
part or whole of the contract is completed by the contractor. In case of non-performance, this
guarantee could be encashed.

***SPECIAL CONDITIONS**

1. These special conditions are meant to amplify the general specifications and general
conditions of contract.

2. Work shall be done as per CPWD specification.

In case of any discrepancy, the order of precedence in interpretation shall be as under :

I. Schedule of quantities.
II. Drawings
III. Additional conditions
IV. General Conditions of contract
V. Special Conditions, Additional specifications.
VI. Specialist’s work, the specifications of which are attached.
VII. Additional Specifications for Electrical works-conduit laying, boxes etc.
VIII. CPWD latest civil and Electrical works specifications.
IX. I.S. Codes
X. International Codes.
XI. Best Engineering practice.

3. STEEL
i. Steel to be issued as stated elsewhere in the contract shall be for reinforcement bars for RCC
work. For all other items of steel work the contractor shall procure the same.

ii. Reinforcement bars for RCC work will be issued in available coils and straight lengths. No
claim for straightening the bars whatsoever shall be entertained.

iii. Issue of steel of diameters above 10 mm dia will be regulated on sectional weight basis,
weight being calculated with the help of the standard sectional weights as given in the
CPWD latest specifications for conversion of length to weight. However, for bars upto and
27
 including 10 mm dia the following procedure shall be adopted. The average sectional
weight for each diameter shall be arrived at from samples from each lot of steel received at
site. The actual weight of steel issued shall be modified to take into account the variations
between the actual and the standard co-efficient and the contractor’s account will be debited
by the cost of this modified quantity only.

iv. For theoretical consumption of steel reinforcement bars will be balanced diameter wise for
the purpose of penal recovery as envisaged in the contract.

4. CEMENT

Cement to be issued as stated elsewhere in the contract shall be only for site work. For
factory made products such as Pre-cast tiles, hollow concrete blocks, RCC pipes etc. cement
shall not be issued.

4. Unless otherwise provided in the schedule of quantities the rates tendered by the contract
shall apply for all heights lifts, leads and depths of the work and nothing extra shall be
payable on this account.

5. The surplus excavated earth which is beyond the requirement of the Employer’s work may
be allowed by the Employer to be disposed off by the contractor on his own or sell the
surplus excavated earth to private parties at his discretion but nothing extra will be paid for
the carriage or disposal of surplus earth if the same is not required on any other work of the
Employer.

Contractor’s Site Superintendence

Staff to be employed by contractor on works. The contractor shall employ the following
technical staff during execution of works:-

(a) For building and road works

i. One Graduate Engineer, when the tendered cost of work exceeds Rs10 lakhs

ii. One qualified Diploma holder (overseer) with experience not less than 3 years
when the tendered cost of work exceeds Rs.5 lakhs but is less than Rs.10 lakhs.

iii. One qualified Diploma holder when tendered cost of work is more than Rs.2 lakhs
but is less
than Rs. 5 lakhs.

(b) For sanitary and water supply works one qualified diploma holder with experience
of not less than 5 years, out of which one year should be in sanitary and water
supply works when the tendered cost of work is more than Rs.50,000/-

(c) For electrical works.

i. One qualified Graduate Engineer possessing Degree in Electrical Engineering from

recognized university with an experience of not less than 3 years or a Diploma
holder in Electrical Engineering with an experience of not less than 7 years when
the tendered cost of the work is not less than Rs.1.5 lakhs.

28
 ii. One Graduate Electrical Engineer with two years experience or a Diploma holder in
Electrical Engineering with experience of not less than 3 years, when the tendered
cost of the work is more than Rs.75,000 but less than Rs.1.5 lakhs.

iii. One Diploma holder in Electrical Engineering with experience of not less than 3
years when tendered cost of work is more than Rs.37,000 but less than Rs.75,000.

iv. One licensed Supervisor with experience of not less than 3 years when the tendered
cost of work is more than Rs.7,500 and less than Rs.37,000

(d) In case the contractor fails to employ the technical staff as aforesaid, he shall be
liable to pay reasonable amount not exceeding the mount shown below for each
month of default. These reies are subject to modifications from the time by CSIR
based on CPWD.

(i) In case when a Graduate Engineer is to be employed Rs.3,000/-

(ii) In case when a qualified Diploma holder is required to be employed Rs.1,500/-

(iii) In case when a technical supervisor is required to be employed Rs.750.

***ADDITIONAL CONDITIONS***
1. The structural and architectural drawings shall at all times be properly correlated before
executing any work. However, in case of any discrepancy in the item given in the schedule
of quantities appended with the tender and drawings relating to the relevant item the former
shall prevail unless and otherwise given in writing by the Engineer.

2. No payment shall be made to the contractor for any damage caused by rain, snowfall, floods
or any other natural cause whatsoever during the execution of work. The damage to work
will be made good by the contractor at his own cost, and no claim on this account shall be
entertained.

3. All materials used shall be as per specifications and ISI marked wherever applicable. ISI
marked referred relate to latest BIS Code as published by Bureau of Indian Standards upto
30 days before the date of opening the tender.

4. The contractor shall give a performance test of the entire installation(s) as per standard
specifications and/or as directed by the Engineer and will also submit. Test certificates as
are required by Municipal/Electrical authority or any other authority. Nothing extra shall be
payable for the same other than the fees paid to such authorities which shall be reimbursed
on production of receipts.

29
 INDENTURE FOR SECURED ADVANCE
This indenture made the day of_____________202___ between . (hereinafter
called the contractor which expression shall where the context so admits or implies be deemed to
include his heirs, executors, administrators and permitted assignees) of the one part and Council of
Scientific and Industrial Research, New Delhi, a Society registered under the Societies Registration
Act 1860 (hereinafter called the Employer which expression shall include its successors and
assignees and authorized officers of the Society) of the other part.
WHEREAS by an agreement dated (hereinafter called the said agreement) the contractor has agreed
AND WHEREAS the contractor has applied to the Employer that he may be allowed advances on
the security of materials absolutely belonging to him and brought by him to the site of the works the
subject of the said agreement for use in the construction of such of the works as he has undertaken
to execute at rates fixed for the finished work (inclusive of the cost of materials and labour and other
charges) AND WHEREAS the Employer has agreed to advance to the contractor the sum of
Rs._____________ (Rupees ___________________________) on the security of materials the
quantities and other particulars of which are detailed in accounts of secured advance attached to the
running account Bill for the said works signed by the contractor on and the Employer has reserved
to himself the option of making any further advance or advances on the security of other materials
brought by the contractor to the site of the said works. Now THIS INDENTURE WITNESSETH
that in pursuance of the said agreement and in consideration of the sum of
Rs.________________________ on or before the execution of these presents paid to the contractor
by the Employer (the receipt whereof the contractor doth hereby acknowledge) and of such further
advances (if any) as may be made to him as aforesaid the contractor doth hereby convenant and
agree with the Employer and declare as follow:-

1. That the said sum of Rs.________________________ advanced by the Employer to the

contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be
employed by the contractor in or towards expediting the execution of the said works and for
no other purpose whatsoever.

2. That the materials detailed in the said account of secured advance which have been offered
to and accepted by the Employer as security are absolutely the contractor’s own property
and free from encumbrances of any kind and the contractor will not make any application
for or receive a further advance on the Security of materials which are not absolutely his
own property and free from encumbrances of any kind and the contractor indemnifies the
Employer against all claims to any materials in respect of which an advance has been made
to him a aforesaid.

3. That the materials detailed in the said account of secured advances and all other materials on
the security of which any further advance or advance may hereafter be made as aforesaid
(hereinafter called the said materials) shall be used by the contractor solely in the execution
of the said works in accordance with the directions of the Engineer and in the term of the
said agreement.

4. That the contractor shall make at his own cost all necessary and adequate arrangements for
the proper watch, safe custody and protections against all risks of the said materials and that
until used in construction as aforesaid the said materials shall remain at the site of the said
works in the contractor’s custody and on his own responsibility and shall at all times be
open to inspection by the Employer or any officer authorized by him. In the event of the
said materials or any part thereof being stolen, destroyed or damaged or becoming
deteriorated in a greater degree than is due to reasonable use and wear thereof the contractor
will forthwith replace the same with other materials of like quality or repair and make good
the same as required by the Engineer.

30
5. That the said materials shall not on any account be removed from the site of the said works
except with the written permission of the Employer or any officer authorized by him on that
behalf.

6. That the advances shall be repayable in full when or before the contractor receives payments
from the Employer of the price payable to him for the said work under the terms and
provisions of the said agreement. However if any intermediate payments are made to the
contractor on account of work done then on the occasion of each such payment the
Employer will be at liberty to make a recovery from the contractor’s bill for such payment
by deducting there from the value of the said materials then actually used in the construction
and in respect of which recovery has not been made previously, the value for this purpose
being determined in respect of each description of materials at the rates at which the
amounts of the advances made under these presents were calculated.

7. That if the contractor shall at any time make any default in the performance or observance
in any respect of any of the terms of provisions of the said agreement or of these presents
the total amount of the advance or advances that may still be owing to the Employer shall
immediately on the happening of such default be repayable by the contractor to the
Employer together with interest thereon at twelve percent per annum from the date or
respective dates of such advance or advances to the date of repayment and with all costs
charges, damages and expenses incurred by the Employer in or for the recovery thereof or
the enforcement of this security or otherwise by reason of the default of the contractor and
the contractor hereby covenants and agrees with the employer to repay and pay the same
respectively to him accordingly.

8. That the contractor hereby charges all the said materials with the repayment to the Employer
of the said sum of Rs______________ and any further sum or sums advanced as aforesaid
and all costs charges, damages and expenses payable under these presents PROVIDED
ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said
agreement and without prejudice to the powers contained therein if and whenever the
covenant for payment and repayment herein before contained shall become enforceable
and the money owning shall not be paid in accordance therewith the Employer may at any
time thereafter adopt all or any of the following courses as he may deem best :-

a) Seize and utilize and said materials or any part thereof in the completion of the said
works on behalf of the contractor in accordance with the provisions in that behalf
contained in the said agreement debiting contractor with the actual cost of effecting
such completion and amount due in respect of advances under these presents and
crediting the contractor with the value of work done as if he had carried it out in
accordance with the said agreement and at the rates thereby provided. If the balance is
against the contractor he is to pay same to the Employer on demand.

b) Removed and sell by public auction the seized materials or any part thereof and out of
the moneys arising from the sale retain all the sums aforesaid repayable or payable the
Employer under these presents and pay over the surplus (if any) to the contractor.

c) Deduct all or any part of the moneys owning out of the security deposit or any sum due
to the contractor under the said agreement.

9. That except in the event of such default on the part of the contractor as aforesaid interest on
the said advance shall not be payable.

31
In witness whereof the said _______ and Director IIIM, Jammu by the order and under the direction
of the Employer have hereunto set their respective hands the day and year first above written.

Signed sealed and delivered

By the said contractor: _________________________

In the presence of
Signature: ___________________________________
Name: _____________________________________
Address: ____________________________________
Signed by___________________________________

By the order and direction

of the employer: _____________________________
In the presence of
Signature: __________________________________

Name: _____________________________________
Address_____________________________________

32
 PERFORMANCE GUARANTEE

To,

Council of Scientific and Industrial Research

1. Inconsideration of Council of Scientific and Industrial Research (hereinafter) called “The

Council” having awarded to M/s ____________ a company registered under the Companies
Act 1956 (hereinafter) called the Contractor, a contract for (hereinafter) called the said contract
under the terms and conditions of an Agreement dated--- made between the Council and the
Contractor hereinafter called the said agreement and Council agreed to accept a Deed of
Guarantee as herein provided for Rs.___________ (Rupees ______________________ only)
from a Schedule Bank towards due performance of the contract by the Contractor as per terms
and conditions of the contract on the condition that the Bank on demand from the Council and
without demur pay to the Council the aforesaid amount.
2. We, _____________ Bank Ltd., (hereinafter) referred to as the “Bank” do hereby undertake to
pay to the Council and amount not exceeding Rs._______ against any loss or damage caused to
or suffered or would be caused to or suffered by the Council by reasons of any breach or
breaches of any of the terms of conditions of the said agreement by the said contractor.

3. We, ____________ Bank Ltd., do hereby undertake to pay the amounts due any payable under
this Guarantee without any demur, merely on a demand from the Council by stating the amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Council for reasons of any breach by the said contractor(s) of any of the terms and conditions
contained in the said Agreement or by reason of the contractor(s) failure to perform the said
Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However, our liability under this guarantee shall
be restricted to an amount not exceeding Rs.____________________

4. This guarantee shall come into force immediately and continue in force and remain valid till six
months after the completion of all works under the said contractor which according to the terms
of the said contract, should be six months from the probably date of completion viz., the ___
day of _____________. If, however, the period of completion of the works under the said
contract is for any reason extended and upon such extension if the Contractor fails before the
terms of this guarantee expires, to furnish a fresh or renewed guarantee for the extended period,
the Bank shall be pay to Council the said sum of Rs.___ or such lesser sum as Council may
demand.

5. This guarantee shall not be effected by any change in the constitution of the Bank or of the
Contractor.

6. Notwithstanding anything hereinbefore contained, the liability of the Bank under this
guarantee is restricted to Rs.________ (Rupees.__________________________ only) and the
guarantee shall remain in force till _____________ day of_______________ 20__ unless claim
or demand under this guarantee is presented to the Bank within six months from that date all
the rights of Council under this guarantee shall be forfeited and the Bank shall be released and
discharged from all obligations hereunder.

33
 AMENDMENTS-CONDITIONS OF CONTRACT FOR WORKS

S.NO. PAGE PARA MODIFY

1. 2 1 (a) Amend Six to twelve

2. 5 1 (b) Add a new sub para after ‘WORK’ as below:-
“EMPLOYER” shall mean Director-General, CSIR or any
officer authorized y Director-General for the purpose.
3. 6 After para 3 Add a new para 3A:- “SUFFICIENCY OF TENDER. The
contractor shall be deemed to have satisfied himself before
tendering as to the correctness and sufficiency of the tender
for the works and the rates and the prices quoted in the
schedule of items, which rates and the prices shall, except
as otherwise provided, all his obligations under the
contract and all matters and things necessary for the proper
completion and maintenance of the works”.
4. 8 6. Add sub para (g) as “In case of easy availability of
approved quality of cement and steel in the open market it
will be Employer’s discretion to make these items as
contractor’s supply”.
5. 8 8 (a) Add “Annexure III refers.”
6. 9 10 Add Sub para 10 (f) as
“Deviation limits”
Building work 30%
Maintenance/emergency works 50%
Foundation works 100%
Services works 30%
7. 9 11 (b) Modify to read as “If it shall appear to the Engineer or to
first line the Employer based on audit/technical examination that any
work has been executed.”
5th line Amend six to twelve
6th line Amend six to twelve
8. 12 19 Add “contractor shall obtain a valid license under Contract
Labour (R&A) Act 1970 and Contract Labour (R&A)
Central Rules 1971 before commencing work and which
should be valid till the completion.”
9. 16 26 (d) Add “However, release of security deposit would be only
after written clearance of Labour Officer regarding no dues
or claims is received.
10. 17 28 Add sub para (d) as “Employer shall have the discretion to
permit the IEEMA (Indian Electrical & Electronics
Manufacturers’ Association) clause for escalation in case of
specialized works e.g. lifts and electrical and mechanical
installations etc. where the price variation is not similar to
building works.
11. 17 29 Modify as below:-
29 ARBITRATION
In the event of any dispute/difference arising out of the
agreement, same shall be referred to Delhi International
Arbitration Centre (DIAC), Delhi High Court New Delhi.

12. 18 Add para 30 Add para 30 to as under: “DISMANTLED MATERIAL”.

The contractor shall treat all material obtained during
dismantling of a structure, services sub system/installations,
excavation of the site for a work etc., a employer’s property
and such material shall be disposed of to the best advantage
the Employer according to instructions issued in writing by
the Engineer.

34
13. 18 Add para 31 Add para as: PERFORMANCE GUARANTEES
“Performance Guarantee may be taken from the contractor
before the award of work, by the officer authorized to
award the contract, if and where considered necessary, to
ensure that a part or whole of the contract is completed by
the contractor. In case of non-performance, this guarantee
could be encashed.
14 19 2 Modify as “In case of any discrepancy, the order of
precedence in interpretation shall be as under:-
(i) Schedule of quantities.
(ii) Drawings
(iii) Additional conditions
(iv) General conditions of contract.
(v) Special conditions
(vi) Additional Technical Specifications
(vii) CPWD Latest Civil and Electrical specifications.
(viii) IS codes
(ix) International codes
(x) Best Engineering practice
15 24 Add Annexure III as below:
Contractor’s Site Superintendence
Staff to be employed by contractor on works. The
contractor shall employ the following technical staff during
execution of works:-
(a) For building and road works
(i) One Graduate Engineer, when the tendered
cost of work exceeds Rs10 lakhs
(ii) One qualified Diploma holder (overseer) with
experience not less than 3 years when the
tendered cost of work exceeds Rs.5 lakhs but is
less
than Rs.10 lakhs.
(iii) One qualified Diploma holder when tendered
cost of work is more than Rs.2 lakhs but is less
than Rs. 5 lakhs.

(b) For sanitary and water supply works one qualified

diploma holder with experience of not less than 5
years, out of which one year should be in sanitary
and water supply works when the tendered cost of
work is more than Rs.50,000/-

(c) For electrical works.

(i) One qualified Graduate Engineer possessing Degree in
Electrical Engineering from recognized university
with an
experience of not less than 3 years or a Diploma
holder in
Electrical Engineering with an experience of not less
than
7 years when the tendered cost of the work is not less
than
Rs.1.5 lakhs
(ii) One Graduate Electrical Engineer with two years
experience or a Diploma holder in Electrical
Engineering
with experience of not less than 3 years, when the
tendered cost of the work is more than Rs.75,000 but
less
35
 than Rs.1.5 lakhs.
(iii) One Diploma holder in Electrical Engineering with
experience of not less than 3 years when tendered cost
of
work is more than Rs.37,000 but less than Rs.75,000.
(iv) One licensed Supervisor with experience of not less
than
3 years when the tendered cost of work is more than
Rs.7,500 and less than Rs.37,000

(d) In case the contractor fails to employ the technical

staff as
aforesaid, he shall be liable to pay reasonable amount
not
exceeding the mount shown below for each month of
default. These reies are subject to modifications from
the time by CSIR based on CPWD.

(i) In case when a Graduate Engineer is to be employed

Rs.3,000/-
(ii) In case when a qualified Diploma holder is required to
be
employed Rs.1,500.
(iii) In case when a technical supervisor is required to be
employed Rs.750.
16 16 Clause 28 “The cost of work on which escalation will be payable shall
Para (ii) be reckoned as 85% of the cost of the work as per the bills,
running or final, and from this amount the value of material
supplied by the Employer……………….. any items at
prevailing market rates”.

AMMENDMENT OF CONTRACT AMENDED PROVISION

FOR WORKS IN CSIR
1 Page 2 Security deposit shall be deducted from the A sum @ 10% of the gross amount of the
PARA 17 running bills at 10% of the gross value of bill shall be deducted from each running bill
(c) work done and measured inclusive of of the contractor till the sum along with the
Earnest Money subject to a maximum of sum already deposited as earnest money will
Rs.5.00 Lakhs (Rupees five lakhs only) amount to security deposit of 5% of the
tendered value of the work. In addition, the
contractor shall be required to deposit an
amount equal to 5% of the tendered value of
the contract as Performance Security within
the period for commencement of work in the
letter of award issued to him.
2 Page 15 Security deposit: The contractor shall As per 1 above
para -26 permit the Employer at the time of making
(a) any payment to him for the work done and
measured to deduct sum at the rate of 10%
of the gross value of work done in each
running bill along with the earnest money
if any, as already deposited by the
contractor will amount to 10% of the
estimated cost or Rs5.0 lakhs whichever is
less, unless full amount of security deposit
in cash or in the form of fixed deposit
receipts pledged in favour of the Employer
36
 has been deposited.
3. page 16 Escalation: If the prices of materials not Escalation: If the prices of materials not
para 28 (a) being supplied by the Employer and/or being supplied by the Employer and/or
wages of labour required for execution of wages of labour required for execution of the
the work increase, the contractor shall be work increase, the contractor shall be
compensated for such increase, the compensated for such increase, as per
contractor shall accordingly be varied, provisions detailed below and the amount of
subject to the condition that compensation the contractor shall accordingly be varied,
for escalation in prices shall be available subject to the condition that compensation
only for the work done during the for escalation in prices shall be available
stipulated period of the contract including only for the work done during the stipulated
such period for which the contact is period of the contract including such period
validity extended under the provisions of for which the contact is validity extended
Clause 22 of the General Condition of under the provisions of Clause 22 of the
Contract and also subject to the condition General Condition of Contract without levy
that no such compensation shall be payable of compensation under clause 20 of General
for a work for which the stipulated period Condition of contract and also subject to the
of completion is six months or less. Such condition that no such compensation shall be
compensation for escalation in the prices of payable for a work for which the stipulated
material and labour, when due, shall be period of completion is eighteen months or
worked out based on the provision. less. Such compensation for escalation in the
prices of material and labour, when due shall
be worked out based on the provision.

ANNEXURE-‘A’

Subject:- Implementation of modified provision in Service Tax – Clause No.5 of

GCC.

The existing provision of GCC in CSIR and modified provision after incorporating service tax on the
basis of modification of CPWD is given below in the tabular form:-
Sr. Exisiting Provision – Clause No.5 of GCC Modified Provision
No
1 Rates to include all Taxes Rates to includes all Taxes

(a) Rates quoted by the contractor shall includes d) Rates quoted by the contractor shall include all
sales tax, duties, octroi, toll tax, royalties and all taxes and GST as per prevailing rules/norms.
other taxes in respect of this contract and the
Employer shall not entertain any claim
whatsoever in this respect. Tenedered rates are
inclusive of all taxes and levies payable under the
respective statutes. However pursuant to the
Constitution (Forty Sixth Amendment) Act, 1982
if any further tax or levy is imposed by Statutes,
after the date of receipt of tenders and the
contractor thereupon necessarily and properly
pays such taxes/levies the contractor shall be
reimbursed the amount as per the rules on
producing proof of payment so made provided
such payments, if any, is not in the opinion of the
Employer (whose decision shall be final and
binding) attributable to delay in executing of
works within the control of the contractor.

(b) The contractor shall keep necessary books of

accounts and other documents for the purpose of

37
 this condition as may be necessary and shall e) The contractor shall keep necessary books of
allow inspection of the same by a duly authorized accounts and other documents for the purpose of this
representative of the Employer and further shall condition as may be necessary and shall allow
furnish such other information and documents as inspection of the same by a duly authorized
the Employer may require. representative of the Employer and further shall
furnish such other information and documents as the
(c) The contractor shall within a period of thirty days Employer may require.
of imposition of any further tax or levy pursuant
to the Constitution (Forty Sixth Amendment)
Act, 1982 give a written notice thereof to the f) The contractor shall within a period of thirty days of
Employer that the same is given pursuant to this imposition of any further tax or levy pursuant to the
condition together will all necessary information Constitution (Forty Sixth Amendment) Act, 1982
relating thereto. give a written notice thereof to

Proforma for Earnest Money Deposit Declaration

Whereas I/we……….(name of agency)---------------------------------have submitted bids for------------------

---------(name of work)----------------------------------------------------------

I/we hereby submit following declaration in lieu of submitting Earnest Money Deposit

1.If after the opening of tender, I/we withdraw or modify my/our bid during the period of validity of
tender (including extended validity of tender) specified in the tender documents.

2.If, after the award of work , I/we fail to sign the contract, or to submit performance guarantee before
the deadline defined in the tender documents,

I/we shall be suspended for one year and shall not be eligible to bid for CPWD/CSIR tenders from date
of issue of suspension order.

Signature of the contractor

38
 LIST OF APPROVED MAKES (CIVIL WORKS)
S.No Materials Approved Make / Manufactures
1 Adhesive solvent cement Pedilite, Sikka, Fosroc, CICO,
IPSA, Everite, EBCO, ECIE, Hardwin
2 Aluminum Building Hardware Traders
3 Angle Iron TATA, SAIL, RINL, JINDAL
4 Anodised Aluminium section Jindal, Hindalco
5 C. P fitting Jaquar, Mark, Kohler
6 C.I Cover & Manhole Cover Bajaj, MES ,RIF & NICO
Cast Iron Pipes & Fittings Manhole Covers and Frames
7 As per IS: 1729 (Manhole covers Bajaj, MES, NECO, BIC Calcutta, Kajeco,
ACC, Ambuja, Birla, L&T, J.P.Rewa,
8 Cement 43 grade (OPC) UltraTech
9 Cement Primer Asian, Nerolac,
10 Ceramic Tiles/ Vitrified Tiles Kajaria, Nitco, Jonhson
11 CP Brass fittings & Accessories Mark, Jaquar, Style
12 Door lock Godrej, Harrison, link
13 Epoxy Paint Asian, Nerolac,
14 G. I Fitting UNIK, DRP-M, KENT,
15 G. I Sheet TATA, RINL, Jindal, SAIL
16 G. I. Chain Link or barbed TATA, SAIL, RINL
17 G. I. Pipe Jindal, Prakash surya, TATA
18 Gate/ wheel valve Leader, DRP, ZOLOTO
Modiguard, Saint Gobian, TATA
19 Glass, Mirror (Float/ Sheet) Continantal
20 GM/ Forged Brass Ball Valves Zoloto, DRP, Leader
21 Gunmetal valves Leader
22 Hydraulic door closer Everest, Godrej, Harrison
23 M. S. pipe TATA, SAIL, RINL, Jindal
24 Mild steel Bar / TMT bar SAIL, TATA, RINL, Jindal
25 Oil bound distemper paint Asian, Nerolac, Dulux
26 Orissa Pan, W.C, Vitreous china sink and wash basin, Hindware, Orient, Cera, Paryware, Jaquar
27 Paver Tiles Endura, Marbonite
28 Plastic Emulsion Paint Asian,Nerolac,
29 Polymer Sealent for SIKA, CICO, Pidilite, G.E. Silicon.
Pre-Coated iron Galvanized profile sheet and Lioydeck, Trackdeck, Multiclad, TATA
30 accessories Bluescope
31 Pre-laminated particle board Kitlam, Durolam, Anchor, Durian, Novappan
32 PTMT fitting Prayag, Praksh Surya
33 PVC flushing cistern Hindware, Parryware, Jaquar
34 PVC plastic seat (W.C) Commonder, Hindustan ,Hindware, Jaquar
35 Rain Water & PVC Pipes & Prince, Supreme, Finolex, SFMC
36 RCC Pipe Ashok Cement Pipe, Indian Hume Pipe, KK
37 Sealent and Additives Asian Paints, Fosroc, Pidilite
38 Stainless Steel Sink Nilkanth, Nirali, Jayna, Crysil
39 Synthetic enamel paint/ Asian, Nerolac, Dulux
40 Textured exterior paint Asian, Nerolac, Dulux
41 Varnish Asian, Nerolac,
42 Wall Putty JK Wall Putty, Birla Putty
43 Water Proofing Compound FOSROC, SIKA, CICO
44 Water proofing paint/ Snowcem-plus, Nerolac
45 White Cement ACC, Birla, JKBirla, Ultra-Tech
46 18mm/12mm/6mm /4mm Ply Board Confore, Garnix, Century, Douro
47 Fevicol Pidilite, SH
48 Mica Mrirrino, Greenlam, Kitlam
49 Fly Proof GalvanisedWiremesh Power
50 Water Storage Tank (Triple Layer) Sintex
Choice of selection materials to be used in work out of the approved list shall remain with Engineer In-charge of the
work.

39
Note:-

1. Contractors are requested to see work sites before quoting their rates.
2. Contractors are advised to avoid the conditional rebate on their Quoted rates.
3. Contractors shall be quoted above rates inclusive of all Taxes, LabourCess& GST or
additional head load etc.
4. If any tax is shown separately, the tender will be rejected.
5. Site plan is available in the Civil Engineering Office (IIIM) Jammu for the ready
reference of contractor.
6. Steel as approved (TATA, SAIL, RINL, and JINDAL make) by the Ministry of Steel for
steel structure work shall be used.
7. Cement 43 grade as approved (ACC, Ambuja, Ultra-Tech, Birla, I&T, J.P.Rewa,) by the
Ministry of Industry, Government of India for civil works shall be used.

8. The Contractor shall employ Graduate Engineer, Qualified Diploma Holder or

Technical Staff before start of work as per tender guideline.

“The work shall be carried out strictly according to latest CPWD Specifications and
in confirmation to I.E rules.”

40
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